Rule 9029 — Adopting Local Rules; Limit on Enforcing a Local Rule; Absence of Controlling Law

Fed. R. Bankr. P. 9029

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 9029
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 9029

Text

(a) ADOPTINGLOCALRULES.
(1) By District Courts. Each district court, acting by a major-
ity of its judges, may make and amend rules governing prac-
tice and procedure in all cases and proceedings within its
bankruptcy jurisdiction. Fed. R. Civ. P. 83 governs the proce-
dure for adopting local rules. The rules must:
(A) be consistent with—but not duplicate—Acts of Con-
gress and these rules;
(B) not prohibit or limit using Official Forms; and
(C) conform to any uniform numbering system pre-
scribed by the Judicial Conference of the United States.
(2) Delegating Authority to the Bankruptcy Judges. A district
court may—subject to any limitation or condition it may pre-
scribe and Fed. R. Civ. P. 83—authorize the district’s bank-
ruptcy judges to make and amend local bankruptcy rules.
(b) LIMIT ON ENFORCING A LOCAL RULE REGARDING FORM. A local
rule imposing a requirement of form must not be enforced in a
way that causes a party to lose any right because of a nonwillful
failure to comply.
(c) PROCEDURE WHEN THERE IS NO CONTROLLING LAW. A judge
may regulate practice in any manner consistent with federal law,
these rules, the Official Forms, and the district’s local rules. For

any requirement set out elsewhere, a sanction or other disadvan-
tage may be imposed for noncompliance only if the alleged viola-
tor was given actual notice of the requirement in the particular
case.

Advisory Committee Notes

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 2, 2024, eff. Dec. 1, 2024.)